Cargo Theft & Interstate Stolen Property in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state court and in federal court in the Southern District of Florida. Our office answers 24 hours a day.

Theft from an Interstate Shipment (§ 659; Pattern Instr. O23.1)

What the Government must prove (Elements):

1. The defendant knowingly stole or embezzled the property from a railroad car or motor truck.
2. The property was moving as, or was part of, an interstate shipment of freight or express.

Value. Under the statute, the maximum is 10 years, or 3 years if the value is less than $1,000. (The instruction phrases the value finding as "greater than $1,000.")

The statute also reaches trailers, warehouses, intermodal containers, pipelines, aircraft, and air cargo terminals. Under the instruction, a shipment begins when the goods are prepared and placed with the carrier and continues until delivery; a waybill is prima facie evidence of origin and destination; and the Government does not have to prove the defendant knew the goods were interstate.

Buying or Receiving Goods Stolen from a Shipment (§ 659; Pattern Instr. O23.2)

What the Government must prove (Elements):

1. Someone stole or embezzled the property from a railroad car or motor truck while it was part of an interstate shipment.
2. The defendant bought, received, or possessed it, knowing it was stolen.

The same value line applies.

Interstate Transportation of Stolen Property (§ 2314; Pattern Instr. O88.1)

What the Government must prove (Elements):

1. The defendant transported, transmitted, or transferred (or caused that) in interstate commerce property that was stolen, converted, or taken by fraud.
2. The property was worth at least $5,000.
3. The defendant knew it was stolen, converted, or taken by fraud.

A second part of § 2314 makes it a crime to transport someone, or induce them to travel, interstate to carry out or conceal a scheme to defraud that person of $5,000 or more (Elements, O88.2).

Sale or Receipt of Stolen Property (§ 2315; Pattern Instr. O89)

What the Government must prove (Elements):

1. The defendant received, possessed, concealed, stored, bartered, sold, or disposed of stolen property.
2. The property crossed a state or U.S. boundary after it was stolen, converted, or taken.
3. The defendant knew it was stolen, converted, or taken.
4. It was worth at least $5,000.

The jury must agree on which act the defendant did. The Government does not have to prove the defendant knew the goods had crossed a state line.

Penalties

• § 659: up to 10 years; if the value is less than $1,000, up to 3 years.
• § 2314 and § 2315: up to 10 years.
• Each also allows a fine. Federal judges also consider the advisory U.S. Sentencing Guidelines.

Defense Themes

• Knowledge. Buying a load at a good price is not proof you knew it was stolen.
• Value. The $1,000 and $5,000 lines change the exposure. Under the instructions, value is the greater of face, par, or market value, or the wholesale or retail price. We test the numbers.
• Interstate shipment. When did the shipment begin and end? Was it really interstate?
• Your role. Driving, storing, or working at a warehouse is not the same as stealing.

What to Do First

1. Do not talk to agents or the cargo company's investigators without a lawyer.
2. Do not move, sell, or hide goods, and do not delete texts or records.
3. Call us.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Can stolen goods that never left Florida be a federal case?

Under § 659, goods that are part of an interstate shipment can be enough, even if the theft happened here. Sections 2314 and 2315 require movement across a state or U.S. boundary.

What is the difference from a Florida theft charge?

Florida has its own theft and dealing-in-stolen-property laws. See Theft.

Does a fraud scheme count?

Yes. Property "taken by fraud" is covered by § 2314. See Scheme to Defraud.